Scottish Executive

European Convention on Human Rights

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive what assessment it has made of any impact of the European Convention on Human Rights (ECHR) on (a) civil liberties, (b) policing generally and (c) the operation of its departments; whether ECHR has had any impact on the spending levels of (i) its departments and (ii) non-departmental public bodies (NDPBs) in the current financial year and whether it will detail any estimated impact on spending levels in the next three years, broken down by department and NDPB and showing any costings.

Mr Jim Wallace: The UK has been bound by the European Convention of Human Rights since 1951. The principal effect of the Human Rights Act is to allow UK citizens to assert their Convention rights in domestic courts, rather than having to take their cases to Strasbourg. As such, it will have a positive impact on civil liberties, by bringing human rights home and giving them a place at the heart of civic society.

  As far as the impact on policing is concerned, it is in the first instance for Chief Constables to assess the implications of the legislation for operational policing. The Association of Chief Policy Officers in Scotland (ACPOS) has put arrangements in place to assess the policies and procedures of Scottish forces in the light of their obligations under the Convention, and a range of awareness-raising and training activities have been organised for police officers.

  The Scottish Executive has carried out an audit of all areas of activity in order to identify any potential incompatibilities with the Convention; and it has taken prompt and appropriate action, including legislation, where problems have been identified.

  As far as costs are concerned, I refer to my answers to questions S1W-2571 and 2572. The Executive has made provision for the Crown Office, the Legal Aid Fund and the Scottish Courts Service to take account of ECHR issues arising in criminal and civil proceedings under the Scotland Act and Human Rights Act. The total provision for these services principally in respect of the ECHR was £6.5 million in 1999-2000, £10.6 million in 2000-01 and £8.9 million in 2001-02. Nothing has happened since then to cause us to revise those estimates. However, costs resulting from the consideration of ECHR issues cannot readily be disaggregated from other costs incurred in civil or criminal proceedings. The same difficulty arises in relation to any ECHR-related spending by departments of the Executive and non-departmental public bodies. The detailed breakdown requested by Lord James Douglas-Hamilton is therefore not available.

Ferry Services

David Mundell (South of Scotland) (Con): To ask the Scottish Executive whether it is aware of the article on the A75 regarding a possible move of the port for the Northern Ireland through route from Stranraer to Troon in the Galloway Gazette on 8 December 2000 and what response it is planning to make to the article.

Sarah Boyack: I have seen the article concerned and the suggestion that the Scottish Executive favours Troon over Loch Ryan as a port for ferry services to Northern Ireland is wholly without foundation.

Ferry Services

Colin Campbell (West of Scotland) (SNP): To ask the Scottish Executive what steps were taken to accelerate decisions on the Northern Isles Contract given the likelihood of an increase on ship construction orders being triggered by the ending of the 9% intervention subsidy for merchant ships on 31 December 2000.

Sarah Boyack: The timetable for the tendering of the 2002-07 Northern Isles passenger ferry services subsidy reflected the ending of the existing subsidy contract in summer 2002 with the present operator, P&O Scottish Ferries, and the full implementation of new safety regulations (Stockholm Agreement, and Safety of Life at Sea rules) on 1 October 2002. The current vessels would not comply with the new safety requirements from that date and bidders had to be given sufficient time to provide new vessels. The Executive was aware of the shipyard intervention support issues involved, but they were primarily a matter for the shipyards and bidding operator concerned, and the Executive timetable for decisions was not accelerated because of them.

Ferry Services

Colin Campbell (West of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-8131 by Sarah Boyack on 4 July 2000, why the decision on preferred bidder status for the Northern Isles Contract planned for July 2000 was not made until October 2000 and, in particular, whether financial, technical or administrative factors caused the delay.

Sarah Boyack: Costed bids for the Northern Isles passenger ferry services contract were received on 23 June 2000. Evaluation of the bids proved more complex than expected, involving detailed analysis of the costs, liabilities and service involved. The financial plans were assessed in detail in relation to the associated terms and conditions, financial, accountancy and legal issues.

  In evaluating the costed bids, as with the tendering process as a whole, the Executive had to ensure equal and fair competition and that the process complied with European Regulation and Guidelines for State aids in the maritime sector and with Scottish Executive procurement procedures.

Gaelic

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive what assessment it has made of the employment created in Gaelic television since the creation of the Gaelic Television Committee, now the Gaelic Broadcasting Committee.

Mr Alasdair Morrison: The Ekos report commissioned in 2000 for the Gaelic Broadcasting Task Force shows 316 full-time equivalents (FTE) employed in Gaelic television. On this basis 255 FTE are attributable to the Comataidh Craolaidh Gaidhlig (the Gaelic Broadcasting Committee).

Genetically Modified Crops

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what progress has been made by the European Commission on proposals on the presence of GM seeds in the seed of conventional species.

Ross Finnie: The Commission has recently published a working paper on the presence of GM seeds in seeds of conventional varieties and this is being made available for consultation among interested organisations. I have arranged for copies of the Commission proposals to be available in SPICe.

  The draft proposals include provisions on GM threshold levels in conventional seeds, time restrictions in relation to previous crops grown on the same land, isolation distances of seed crops of conventional cross-pollinating varieties, the labelling of packages of seeds and examinations for compliance with these requirements.

Health

Dorothy-Grace Elder (Glasgow) (SNP): To ask the Scottish Executive what plans it has to monitor public health and safety in the Faslane area following any privatisation of the servicing, repairs and monitoring of the nuclear facilities at the Faslane Naval Base.

Susan Deacon: Legislation is already in place to cover health and safety matters, including the Health and Safety at Work etc Act 1974, which imposes a general duty on employers to ensure that the health, safety and welfare of workers and members of the general public are fully protected. Inspection and enforcement under this Act are the responsibility of the Health and Safety Executive.

  Any new arrangements at the Faslane facility will have to satisfy both the Ministry of Defence and the relevant regulatory authorities that the health and safety of workers and the public will not be compromised.

  Monitoring public health in the Faslane area is a responsibility of the local health board.

Health

Mr Lloyd Quinan (West of Scotland) (SNP): To ask the Scottish Executive whether any employees of the Scottish Centre for Infection and Environmental Health have any declared interests in (a) SmithKline Beecham, (b) SmithKline and French and French Laboratories, (c) Merck Sharpe and Dohme, (d) Pasteur Merieux and (e) Wellcome Foundation and whether it will detail what these interests are.

Susan Deacon: This information is not held centrally. I have, however, asked the Chief Executive of the Common Services Agency to look into this and to write to you.

Hospitals

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive what discussions it is having with health boards and NHSiS Trusts to improve hygiene levels in hospitals.

Susan Deacon: The main responsibility for ensuring adequate hygiene levels in NHS hospitals in Scotland lies with NHS Trusts. Our National Health: A plan for action, a plan for change , published on 14 December, makes clear that the Scottish Executive expects every NHS Trust to act on the recommendations of the Audit Scotland report A Clean Bill of Health by June 2001.

  A joint Scottish Executive Health Department/NHS working group is currently preparing recommendations on compliance with, and monitoring of, hospital cleanliness and other standards. These recommendations will be applied to NHS Trusts as soon as they are finalised.

Justice

Mr Gil Paterson (Central Scotland) (SNP): To ask the Scottish Executive whether any criminal prosecutions have been pursued in Scotland as a result of offences committed against children where the first point of contact was through Internet chat rooms.

Mr Jim Wallace: The detailed information requested is not held centrally.

Justice

Mr Gil Paterson (Central Scotland) (SNP): To ask the Scottish Executive whether there have been any reported cases of approaches to children in Scotland by known paedophiles, initiated through chat rooms or the Internet, that have not led to criminal proceedings.

Mr Jim Wallace: The information requested is not held centrally.

Justice

Mr Gil Paterson (Central Scotland) (SNP): To ask the Scottish Executive what powers the police have in relation to the policing of the Internet and how any such powers can be extended.

Mr Jim Wallace: In general, the position in law is that what is illegal "offline" is also illegal "online". Those who commit, or attempt to commit, crimes online are therefore liable to prosecution. The law also provides for specific offences of accessing or tampering with computer systems. Changes to the law relating to the Internet is reserved to Westminster. However, the Association of Chief Police Officers in Scotland is represented on a UK-wide Internet Crime Forum that allows policy and practice in this area to be kept under review.

Osteoporosis

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to questions S1W-8957, S1W-8958 and S1W-8959 by Susan Deacon on 21 August 2000, why it does not collect at a central level information on (a) the number of osteoporosis sufferers receiving treatment to monitor further bone loss, (b) programmes to reduce the incidence of falls amongst those with low bone density and (c) the measures in place at health board area level to collect information on osteoporosis; how it monitors the effectiveness of advice such as that given in the Scottish Needs Assessment without such information, and whether it will review its policy of not holding this information centrally.

Susan Deacon: The answer to your own question S1W-6102 explained why the Executive did not collect information centrally on a wide variety of conditions, including osteoporosis, and the position set out in that answer has not changed. While Scottish Needs Assessment Programmes are effectively endorsed by the Executive, which sponsors the programme, they are intended as tools for health boards to use in preparing their individual strategies for their areas, rather than mandatory policy documents.

Prison Service

Nick Johnston (Mid Scotland and Fife) (Con): To ask the Scottish Executive how many drug counsellors and social workers are employed in each penal establishment in Scotland.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

  It should be noted that, due to the mixture of part- and full-time and split duties of those involved in working with prisoners’ drug misuse problems in prisons, the information on drug counselling is not collated centrally in the format requested, but in terms of total hours worked on task per week. For illustration, equivalence for full-time posts has been included. The data does not include people employed by external agencies working with clients in prisons, or those providing their services on a voluntary basis.

  


Establishment 
  

Drug Counsellors 
  

Social Workers 
  



 


Weekly Hours
on Task 
  

Full-time Equivalent Post 
  

 




Aberdeen 
  

180 
  

5 
  

3 
  



Barlinnie 
  

1,990 
  

54 
  

11 
  



Castle Huntly 
  

92 
  

2.5 
  

2 
  



Cornton Vale 
  

250 
  

7 
  

3.5 
  



Dumfries 
  

71 
  

2 
  

1.5 
  



Edinburgh 
  

559 
  

15 
  

8.5 
  



Glenochil 
  

317 
  

8.5 
  

7 
  



Greenock 
  

393 
  

10.5 
  

2.5 
  



Inverness 
  

134 
  

3.5 
  

2 
  



Kilmarnock 
  

* 
  

* 
  

* 
  



Low Moss 
  

822 
  

22 
  

2 
  



Noranside 
  

40 
  

1 
  

2 
  



Perth 
  

601 
  

16 
  

6 
  



Peterhead 
  

78.9 
  

2 
  

5 
  



Polmont 
  

237 
  

6.5 
  

5 
  



Shotts 
  

263 
  

7 
  

6.5 
  



  * Information about staffing levels at HMP Kilmarnock is not collected by SPS as it is a matter for Kilmarnock Prison Services Limited, as contractor, to determine how to meet the contractual requirements, which include the provision of drug counselling and social work services.

Public Transport

Nora Radcliffe (Gordon) (LD): To ask the Scottish Executive how much funding specifically intended to facilitate public transport-related projects, excluding funding made available under the rural transport fund, (a) was made available in each year since 1994 and (b) will be made available in future financial years.

Sarah Boyack: The Public Transport Fund (PTF) was announced in the Scottish Transport White Paper in 1998 and was specifically created to assist local authorities in providing key value for money developments to their public transport network. Prior to the PTF, public transport projects were eligible for funding under the previous Government’s Transport Challenge Fund which operated for projects commencing in financial years 1997-98 and 1998-99. The allocations made from these funds between 1997 and 2000 are set out in the table A and the budget for the PTF in future years is set out in table B.

  Table A

  


Financial Year 
  

Transport Challenge Fund Allocations
(£ million) 
  

Public Transport Fund Allocations
(£ million) 
  



1997-98 
  

15.000 
  
 



1998-99 
  

19.500 
  
 



1999-2000 
  
 

29.565* 
  



2000-01 
  
 

30.003* 
  



  

Includes commitments from the Transport Challenge Fund and 
  South Fife Rail


  Table B

  

 

Public Transport Fund
(£ million) 
  



2001-02 
  

40.000 
  



2002-03 
  

50.000 
  



2003-04 
  

60.000

Rail Network

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what representations it has made or proposes to make to the Shadow Strategic Rail Authority regarding a rail link to Edinburgh Airport.

Sarah Boyack: On 28 November last year we published a consultation paper on strategic priorities for Scotland’s railways as part of the process of developing directions and guidance to the Strategic Rail Authority. During this process we will give consideration to a wide range of issues, including rail links to airports.

  In fulfilment of the undertakings given in the UK integrated transport white paper, the Department of the Environment, Transport and the Regions (which is the sponsoring UK department for aviation policy) initiated a series of regional airport studies. That for Scotland was carried out jointly with the Scottish Executive. In conjunction with the Scottish study, an additional project has been undertaken on the rail links to Glasgow and Edinburgh airports with support from the shadow Strategic Rail Authority.

Road Safety

Alex Fergusson (South of Scotland) (Con): To ask the Scottish Executive what plans it has to review the provision of road markings, speed limits, sleeping policemen and other speed restrictions within the immediate proximity of schools to ensure the safety of pupils.

Sarah Boyack: The Scottish Executive is responsible for the management and maintenance of trunk roads in Scotland, including measures to ensure the safety of users of those roads. The Executive has no specific plans to review the provision of safety measures outside schools on trunk roads. Safety on the trunk road network is continually monitored, including sections in close proximity to schools, to identify and implement any appropriate safety measures.

  Local authorities have a duty under the Road Traffic Act 1988 to carry out a programme of measures designed to promote road safety on local roads. Decisions on specific measures such as road markings, speed limits, sleeping policemen and other speed restrictions in the proximity of schools to safeguard pupils are matters for individual authorities.

  In May, the Executive made available additional resources, totalling £5.2 million, to enable local authorities to take forward a wide range of Safer Routes to School projects in the current financial year.

Roads

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive whether it will give an undertaking that no public sector jobs will be lost as a consequence of the current tendering process relating to the management and maintenance of trunk roads.

Sarah Boyack: It is not possible to give such an undertaking.

Rural Transport

Nora Radcliffe (Gordon) (LD): To ask the Scottish Executive how much funding was made available through the Rural Transport Fund in each year since 1998 and how much is projected to be spent in future financial years.

Sarah Boyack: Details of the total funding made available through the Rural Transport Fund from 1998-99 to 2000-01 and the budget for 2001-02 to 2003-04 are set out in the table. The amount available for 2000-01 includes funding carried forward from 1999-2000 to allow payment of invoices in relation to committed projects which were not presented for payment by 31 March 2000.

  


Financial Year 
  

£ million 
  



1998-99 (actual out-turn) 
  

4.395 
  



1999-2000 (actual out-turn) 
  

4.022 
  



2000-2001 (estimated out-turn) 
  

5.480 
  



2001-2002 (provision) 
  

5.500 
  



2002-2003 (provision) 
  

6.000 
  



2003-2004 (provision) 
  

6.500

Skye Bridge

Irene McGugan (North-East Scotland) (SNP): To ask the Scottish Executive why the unsigned and undated Assignation Statement has been the basis for prosecution of non-payers of the Skye Bridge tolls.

Sarah Boyack: Prosecution for non-payment has been under section 38 of the New Roads and Street Works Act 1991.

Smoking

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive, in the light of the House of Commons Select Committee on Health’s report on the tobacco industry, whether it will make nicotine replacement therapy available on prescription up to a maximum of six weeks in total through the NHS.

Susan Deacon: As announced in Our National Health: A plan for action, a plan for change , the department is consulting on a proposal to allow all nicotine replacement therapy products to be prescribed on the NHS by GPs. The consultation letter was issued on 14 December and a copy of the letter will be placed in the Parliament’s Reference Centre.

Smoking

Ben Wallace (North-East Scotland) (Con): To ask the Scottish Executive whether it will implement the British Medical Association’s recommendation that the smoking cessation drug Zyban be issued, with appropriate guidance for both doctors and patients.

Susan Deacon: Health Board Drug and Therapeutic Committees are providing doctors with guidance on the prescription of Zyban. As a prescription-only medicine, clinical responsibility for the use of this drug rests with the prescriber who should discuss this treatment with the patient concerned.

  Guidance on the appropriate use of Zyban is also contained in the British National Formulary, published by the British Medical Association and by the Royal Pharmaceutical Society of Great Britain, and issued free of charge to doctors. In addition, Zyban is dispensed with a Patient Information Leaflet to ensure that it is used safely and correctly.

  The Executive is looking at the availability of smoking cessation services, Zyban is one element of this.

Telecommunications

Fiona McLeod (West of Scotland) (SNP): To ask the Scottish Executive how many hospitals have mobile phone masts attached to the building, broken down by health board.

Susan Deacon: The information is not held centrally.

Tourism

George Lyon (Argyll and Bute) (LD): To ask the Scottish Executive how many tourist information offices there were in each tourist board area for each year since 1990.

Mr Alasdair Morrison: Due to the reorganisation of the ATB network in 1996, the requested data is only available for the years 1996 to 2000. The information is as follows:

  No. of TICs in each Area Tourist Board area, 1996-2000

  




1996 
  

1997 
  

1998 
  

1999 
  

2000 
  



Aberdeen & Grampian 
  

15 
  

15 
  

15 
  

15 
  

15 
  



Angus & Dundee 
  

7 
  

7 
  

7 
  

7 
  

7 
  



Argyll, the Isles, Loch Lomond, Stirling & Trossachs 
  

27 
  

27 
  

27 
  

27 
  

27 
  



Ayrshire & Arran 
  

9 
  

8 
  

8 
  

8 
  

7 
  



Dumfries & Galloway 
  

12 
  

12 
  

10 
  

8 
  

8 
  



Edinburgh & Lothians 
  

10 
  

8 
  

8 
  

8 
  

8 
  



Greater Glasgow & Clyde Valley 
  

9 
  

8 
  

8 
  

8 
  

7 
  



Highlands of Scotland 
  

34 
  

34 
  

35 
  

34 
  

34 
  



Kingdom of Fife 
  

10 
  

10 
  

6 
  

6 
  

6 
  



Perthshire 
  

9 
  

9 
  

9 
  

9 
  

9 
  



Orkney 
  

2 
  

2 
  

2 
  

2 
  

2 
  



Scottish Borders 
  

9 
  

9 
  

9 
  

9 
  

9 
  



Shetland 
  

1 
  

1 
  

1 
  

1 
  

1 
  



Western Isles 
  

5 
  

5 
  

5 
  

5 
  

5

Tourism

George Lyon (Argyll and Bute) (LD): To ask the Scottish Executive how many full-time members of staff were employed by each tourist board in each year since 1990.

Mr Alasdair Morrison: Due to the reorganisation of the ATB network in 1996, the requested data is only available from 1996 to 2000. The information is as follows:

  No. of full time staff by each Area Tourist Board, 1996–2000

  

 

1996 
  

1997 
  

1998 
  

1999 
  

2000 
  



Aberdeen & Grampian 
  

37 
  

37 
  

37 
  

37 
  

37 
  



Angus & Dundee 
  

15 
  

15 
  

13 
  

12 
  

11 
  



Argyll, the Isles, Loch Lomond, Stirling & Trossachs 
  

45 
  

43 
  

41 
  

39 
  

39 
  



Ayrshire & Arran 
  

29 
  

28 
  

25 
  

20 
  

21 
  



Dumfries & Galloway 
  

12 
  

12 
  

10 
  

8 
  

8 
  



Edinburgh & Lothians 
  

86 
  

105 
  

96 
  

92 
  

98 
  



Greater Glasgow & Clyde Valley 
  

20 
  

24 
  

23 
  

25 
  

23 
  



Highlands of Scotland 
  

26 
  

26 
  

27 
  

31 
  

31 
  



Kingdom of Fife 
  

17 
  

17 
  

14 
  

14 
  

14 
  



Perthshire 
  

26 
  

27 
  

28 
  

28 
  

28 
  



Orkney 
  

7 
  

7 
  

9 
  

9 
  

9 
  



Scottish Borders 
  

13 
  

14 
  

13 
  

16 
  

19 
  



Shetland 
  

4 
  

5 
  

6 
  

6 
  

6 
  



Western Isles 
  

4 
  

4 
  

5 
  

5 
  

5

Tourism

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-11612 by Mr Alasdair Morrison on 13 December 2000, whether it will make an estimate of the cost of changing the name of the Scottish Tourist Board to visitscotland and place a copy of the estimate in the Scottish Parliament Information Centre.

Mr Alasdair Morrison: This is an operational matter for the Scottish Tourist Board. I will ask the Chairman to write to you.

Transport

Euan Robson (Roxburgh and Berwickshire) (LD): To ask the Scottish Executive whether it has made any statements or issued any guidance since 1 July 1999 on the cross-loading of vehicles carrying timber.

Sarah Boyack: The Scottish Executive has not made any statements or issued any guidance on the cross-loading of vehicles carrying timber. Matters relating to the safe loading of road vehicles are reserved to the UK Parliament.